On Point

State v. Luther Wade Cofield, 2000 WI App 196, 238 Wis. 2d 467, 618 N.W.2d 214 For Cofield: Donna L. Hintze, SPD, Madison Appellate Issue: Whether, on a charge of sexual assault where the defense was consent, evidence of prior sexual assaults were properly admissible. Holding: ¶11 In reviewing the list set forth in WIS. STAT. § […]

State v. Dale H. Davidson, 2000 WI 91, 236 Wis. 2d 537, 613 N.W.2d 606, reversing State v. Davidson, 222 Wis. 2d 233, 589 N.W.2d 38 For Davidson: Jerome F. Buting & Pamela Moorshead Issue: Whether, on a charge of sexually assaulting a 13-year old niece while on a camping trip, evidence of the defendant’s conviction ten years […]

State v. Edward A. Hammer, 2000 WI 92, 236 Wis. 2d 686, 613 N.W.2d 629, on certification, habeas denied, Hammer v. Karlen, 342 F. 3d 807 (7th Cir. 2003) For Hammer: Rex Anderegg Issue: Whether, in a trial for sexual assault of several adolescent males while staying at defendant’s parents’ home, evidence that defendant fondled an adult male, 5-7 […]

State v. George R. Bollig, 2000 WI 6, 232 Wis. 2d 561, 605 N.W.2d 199, affirming State v. Bollig, 224 Wis.2d 621, 593 N.W.2d 67 (Ct. App. 1999) For Bollig: Thomas E. Knothe, Collins, Quillin & Knothe, Ltd. Issue: Whether a guilty plea colloquy involving a crime that would require sex offender registration under Wis. […]

State v. Stuart D. Yates, 2000 WI App 224, 239 Wis.2d 17, 619 N.W.2d 132 For Yates: Martha K. Askins, SPD, Madison Appellate Issue: Whether the presumptive MR date of § 302.11(1g)(am) 1997-98 is a direct or collateral consequence of a guilty plea. Holding: A court is required to advise a defendant only of direct […]

State v. Dennis E. Scott, 2000 WI App 51, 234 Wis. 2d 129, 608 N.W.2d 753 For Scott: Joseph E. Redding Issue: Whether a defense witness was properly impeached with evidence that he was serving life in prison with no prospect for parole. Holding: The witness’s attempt to admit the crimes and exonerate the defendant would have […]

State v. Jimmie R.R., 2000 WI App 5, 232 Wis.2d 138, 606 N.W.2d 196 For Jimmie R.R.: Martha K. Askins, SPD, Madison Appellate Issue: Whether the state sufficiently showed that the child understood that false statements were punishable so as to justify admissibility of her videotaped interview under § 908.08(3). Holding: The admissibility statute, § 908.08(3), was satisfied, […]

State v. Edward A. Hammer, 2000 WI 92, 236 Wis. 2d 686, 613 N.W.2d 629, on certification, habeas denied, Hammer v. Karlen, 342 F.3d 807 (7th Cir. 2003) For Hammer: Rex Anderegg Issue/Holding: The rape shield statute will be overcome if the five-part test of State v. Pulizzano, 155 Wis. 2d 633, 656, 456 N.W.2d 325 (1990) is met. ¶44. […]

State v. Peter Ballos, 230 Wis.2d 495, 602 N.W.2d 117 (Ct. App. 1999). For Ballos: Robert N. Myeroff. Issue: Whether the trial court should have ordered production of the state’s witness’s mental health records, for in camera inspection, upon showing that the witness had been hospitalized for depression and was obsessed with bomb-building, and where […]

State v. Larry D. Harris, 229 Wis.2d 832, 601 N.W.2d 682 (Ct. App. 1999). For Harris: William S. Coleman, SPD, Milwaukee Appellate. Issue: Whether defendant’s rights to presence and counsel were violated by their absence from at least part of voir dire. Holding: Defendant has both a nonwaivable statutory right to presence, and also a […]